Health Care Mandate
| Health Care Mandate | | | | 3/11/2012 |
Business Law - Section 001
EXECUTIVE SUMMARY This paper will try to answer the question as to whether the health care mandate is indeed constitutional under the commerce clause. The commerce clause, health care mandate, Jurgis’s (from The Jungle) background, and Equality’s (from Anthem) backgrounds will be given. After that the arguments for each side will be presented, and I will then explain why I believe it to be unconstitutional.
INTRODUCTION
Do you have healthcare? Do you know how much health care even cost? Have you ever had a hospital bill? If you answered yes then you know how expensive health care can be; if you answered no then you will most likely soon find out. I say you will soon find out because of the individual health care mandate that Congress passed using the Commerce Clause. Even though The Jungle and Anthem didn’t address this subject specifically, both books shed light on the subject of the health care mandate. I hope to inform you about the Commerce Clause, the Health Care Mandate, The Jungle, Anthem, and my own personal view on the matter.
COMMERCE CLAUSE
The Commerce Clause according to our textbook is “One of the powers grand by Article I, §8 of the Constitution, it gives Congress exclusive power to regulate international commerce and concurrent power with the states to regulate domestic commerce.” (6, pg G3) The Commerce Clause can be rather broadly interpreted but put simply that means Congress has the power to control trade. The Commerce Clause is significant because it lets the government regulate all aspects of trade, buying, and selling. By regulating these things it allows them to control the economy; control the economy as much as possible that is. In addition, it is the balance of power between the federal government and the states. In the early years, the Commerce Clause was hardly, if ever, used. It was not until the Gibbons v. Ogden
Business Law - Section 001
EXECUTIVE SUMMARY This paper will try to answer the question as to whether the health care mandate is indeed constitutional under the commerce clause. The commerce clause, health care mandate, Jurgis’s (from The Jungle) background, and Equality’s (from Anthem) backgrounds will be given. After that the arguments for each side will be presented, and I will then explain why I believe it to be unconstitutional.
INTRODUCTION
Do you have healthcare? Do you know how much health care even cost? Have you ever had a hospital bill? If you answered yes then you know how expensive health care can be; if you answered no then you will most likely soon find out. I say you will soon find out because of the individual health care mandate that Congress passed using the Commerce Clause. Even though The Jungle and Anthem didn’t address this subject specifically, both books shed light on the subject of the health care mandate. I hope to inform you about the Commerce Clause, the Health Care Mandate, The Jungle, Anthem, and my own personal view on the matter.
COMMERCE CLAUSE
The Commerce Clause according to our textbook is “One of the powers grand by Article I, §8 of the Constitution, it gives Congress exclusive power to regulate international commerce and concurrent power with the states to regulate domestic commerce.” (6, pg G3) The Commerce Clause can be rather broadly interpreted but put simply that means Congress has the power to control trade. The Commerce Clause is significant because it lets the government regulate all aspects of trade, buying, and selling. By regulating these things it allows them to control the economy; control the economy as much as possible that is. In addition, it is the balance of power between the federal government and the states. In the early years, the Commerce Clause was hardly, if ever, used. It was not until the Gibbons v. Ogden